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REPUBLIC OF THE PHILIPPINES)

PROVINCE OF OCCIDENTAL MINDORO)S.S


MUNICIPALITY OF SABLAYAN)

IRREVOCABLE TRUST AGREEMENT


(FOR THE BENEFIT OF THE GRANTOR’S ADULT CHILDREN,
DESIGNATING TRUSTEES)

IRREVOCABLE TRUST AGREEMENT made this ____th day of


___________, 20_____, between:

Juan Dela Cruz, Filipino, single, of legal age, with


residence address at Barangay Buenavista, Sablayan, Province of
Occidental Mindoro, herein referred to as the (GRANTOR)

-AND-

Pedro Penduko, Filipino, of legal age, married and with


residence and postal address at Barangay Sto.Nino, Sablayan,
Province of Occidental Mindoro, herein referred to as the
(TRUSTEE).

1. TRUST PROPERTY. The Grantor, desiring to create trusts for


the benefit of his adult children and for other good and valuable
consideration, irrevocably assigned to the Trustees of the property
described as:

(insert technical description)

(the "Trust Property"), in trust, for the purposes and on the


conditions hereinafter stated.

2. DISPOSITIVE PROVISIONS. The Trustees shall hold the


property for the primary benefit of ________(Name of
Child)_____________________, ________(Name of
Child)_____________________, ________(Name of
Child)_____________________, , and the Trustees shall hold and
manage, the trust property, and shall collect and receive the
income, and after deducting all necessary expenses incident to the
administration of the trusts, shall dispose of the corpus and income
of the trusts as follows:

(a) The Trustees shall pay the entire net income of the trust, quarter
annually, to the beneficiaries of the trust, provided that the corpus
of the trust shall be paid over absolutely to the beneficiaries at the
age of (18) years.

(b) If any of the beneficiaries shall die before attaining the age of
(18) years, the trust for his or her benefit shall cease, and the
corpus, together with any undistributed income, shall be paid over
absolutely to the issue of the beneficiary then living per stirpes; but
if there be no issue, then to the other beneficiaries if living, either
outright, or, if the other beneficiary shall not have then attained the
age of (18) years, in trust, to be added to, held, administered, and
distributed as part of the trust for the other beneficiary; but if the
other beneficiary is not then living, then absolutely to the then
living issue of the other beneficiary per stirpes; and if there is no
issue, then to the estate of the beneficiary for whom the trust was
being held originally.

(c) Notwithstanding anything contained to the contrary, if at any


time while the trusts are in force any financial emergency arises in
the affairs of either of the primary beneficiaries of the trusts, or if
the independent income of either of the beneficiaries (exclusive of
the income from any trust created for his or her benefit by the
Grantor) and all other means of support are insufficient for the
support of the beneficiary, in the judgment of the Trustees, the
Trustees shall pay over to the beneficiary, solely out of the corpus of
the trust for his or her benefit, at any time and from time to time,
the sum or sums as the Trustees shall deem necessary or
appropriate in their discretion.

3. TRUSTEES' POWERS. In the administration of the trusts, the


Trustees shall have the following powers, all of which shall be
exercised in the fiduciary capacity, primarily in the interest of the
beneficiaries:

(a) To hold and continue to hold as an investment the property, of


any additional property which may be received by them, so long as
they deem proper, and to invest and reinvest in any securities or
property, whether or not income-producing, deemed by them to be
for the best interest of the trusts and the beneficiaries.

(b) To rent or lease any property of the trusts for the time and upon
the terms and for the price or prices as in their discretion and
judgment may seem just and proper and for the best interest of the
trusts and the beneficiaries.

(c) To make all repairs and improvements at any time deemed


necessary and proper to and upon real property constituting a part
of the trusts.
(d) To deduct, retain, expend, and pay out of any money belonging
to the trusts any and all necessary and proper expenses in
connection with the operation and conduct of the trusts.

(e) To compromise, settle, arbitrate, or defend any claim or demand


in favor of or against the trusts.

(f) To incur and pay the ordinary and necessary expenses of


administration, including (but not by way of limitation) reasonable
attorneys' fees, accountants' fees, investment counsel fees, and the
like.

(g) To act through an agent or attorney-in-fact, by and under power


of attorney duly executed by the Trustees, in carrying out any of the
authorized powers and duties.

(h) To borrow money for any purposes of the trusts, or incidental to


their administration, upon their bond or promissory note as
trustees, and to secure their repayment by mortgaging, creating a
security interest in, or pledging or otherwise encumbering any part
or all of the property of the trusts.

(i) To lend money to any person or persons upon the terms and in
the ways and with the security as they may deem advisable for the
best interest of the trusts and the beneficiaries.

(j) To determine the manner in which the expenses incidental to or


in connection with the administration of the trusts shall be
apportioned as between corpus and income.

(l) The Trustees may freely act under all or any of the powers by this
Agreement given to them in all matters concerning the trusts, after
forming their judgment based upon all the circumstances of any
particular situation as to the wisest and best course to pursue in
the interest of the trusts and the beneficiaries, without the
necessity of obtaining the consent or permission of any interested
person, or the consent or approval of any court.

The powers granted to the Trustees may be exercised in whole or in


part, from time to time, and shall be deemed to be supplementary to
and not exclusive of the general powers of trustees pursuant to law,
and shall include all powers necessary to carry them into effect.

4. LIMITATION ON POWERS. Notwithstanding anything contained


to the contrary, no powers enumerated or accorded to trustees
generally pursuant to law shall be construed to enable the Grantor,
or the Trustees or either of them, or any other person, to sell,
purchase, exchange, or otherwise deal with or dispose of all or any
parts of the corpus or income of the trusts for less than an
adequate consideration in money or monies worth, or to enable the
Grantor to borrow all or any part of the corpus or income of the
trusts, directly or indirectly, without adequate interest or security.

5. CORPUS AND INCOME. The Trustees shall have the power to


determine the allocation of receipts between corpus and income and
to apportion extraordinary and share dividends between corpus and
income.

6. IRREVOCABILITY. The trusts shall be irrevocable, and the


Grantor expressly waives all rights and powers, whether alone or in
conjunction with others, and regardless of when or from what
source he may have acquired such rights or powers, to alter,
amend, revoke, or terminate the trusts, or any of the terms of this
Agreement, in whole or in part. By this instrument the Grantor
relinquishes absolutely and forever all his possession or enjoyment
of, or right to the income from, the trust property, and all his right
and power, whether alone or in conjunction with others, to
designate the persons who shall possess or enjoy the trust property,
or the income.

In witness whereof the Grantor and the Trustees have executed this
Agreement in ____________________.

________________________________________________
Grantor: [NAME]

________________________________________________
Trustee: [NAME]

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


PROVINCE OF OCCIDENTAL MINDORO
MUNICIPALITY OF SABLAYAN) S.S.

BEFORE ME, this 2nd day of March, 2018 in the Municipality


of Sablayan, Province of Occidental Mindoro, personally appeared
SOLEDAD C. FACELO, exhibiting his OSCA I.D. No. BUE 1190373
issued in Office of the Senior Citizens on August 2015, known to me
to be the same person who executed the foregoing Special Power of
Attorney and he acknowledged that the same is his free and
voluntary act and deed.

This document consists of two (2) pages including the page on


which this acknowledgment is written, all signed by the parties on
every page and also signed by their witnesses.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. ____


Page No. ____
Book No. ____
Series of 2018

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